Section 550.1406 - Injunctive Relief or Civil Penalties(a) HHSC may petition a district court for a temporary restraining order against a center to restrain a continuing violation of THSC Chapter 248A or standard in this chapter if HHSC finds that the violation creates an immediate threat to the health and safety of minors served at a center.(b) A district court, on petition of HHSC, and on a finding of the court that a person is violating THSC Chapter 248A or a standard in this chapter, may by injunction: (1) prohibit the person from continuing the violation;(2) restrain or prevent the establishment or operation of a center without a license under THSC Chapter 248A; or(3) grant any other injunctive relief warranted by the facts.(c) HHSC may request the attorney general to institute and conduct a suit authorized by this section.(d) HHSC may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigation costs, witness fees, and deposition expenses.(e) Venue for a suit brought under this section is in the county in which the center is located or in Travis County.(f) If HHSC determines that a violation of THSC Chapter 248A or a standard in this chapter threatens the health and safety of a minor served at the center, HHSC may seek, against the person who violates THSC Chapter 248A, the requirements in this chapter, or fails to comply with a corrective action plan submitted in accordance with this chapter, a civil penalty of not more than $500 for each violation.(1) Each day a violation continues constitutes a separate violation for the purpose of this section.(2) HHSC may request the attorney general to sue to collect the penalty. HHSC may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney fees, investigation costs, witness fees, and deposition expenses.26 Tex. Admin. Code § 550.1406
The provisions of this §550.1406 adopted to be effective September 1, 2014, 39 TexReg 6569; Transferred from Title 40, Chapter 15 by Texas Register, Volume 44, Number 15, April 12, 2019, TexReg 1875, eff. 5/1/2019; Amended by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7933, eff. 10/16/2024